Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-05-22

void. The foregoing are the leading
Questions, but there are two or three
minor matters: The bond was suffi-
GENTLY authenticated for registration, and
was properly admitted in evidence. The
court erred in refusing to admit the deed
from Smith to Stephens, because it was
executed before an officer, who was ex-
oficIo notary public, as he had as full
powers in the premises as notary by
direct appointment.
The admissions of John P Payne were
properly overruled as he had no interest
to bind by them at the time. The judg-
meRt is reversed as to Mrs. Simpson and
Mrs. Housemen and remanded for q new
trial as to them.
Gulf, Colorado and Santa Fe Railroad
Company VS.. S. T. Trawich, from Lam
paSas; opinion by Stayton, A. J. This
was suit by appellee to recover damages
for injuries to and loss of cattle shipped
on appellants road. The only questions
for consideration come out of q contract
between the two parties. There are two
parts of the contract to be considered.
l. Appellant sought to restrict and
limit its liability and make 1t only
that of private carrier, liable
for damages caused only by fault and
negligence of its employees. The liabili-
ties of common carriers in this state are
the same as at common law, and by stat
ute, the construction of which is too we'll
settled for discussion, it is decided that
the common law liability cannot be lin
tied or restricted.
?. There was clause in the contract
requiring a snit for damages 10 be
brought in forty days. If this was a re-
strsint, then it was unlawful also and
will determine the case, as the damage
was done to the cattle May 8 or 4, and
the suit was not brought until November
II. In order to see IL this clause is a re-
striction, we must anslyze the meaning
of the statute.
Liability" means such a state and
degree of responsibility as exists under a
given statement OF facts. "Limit"
means to fix the extent OF the subject to
which it is applied rather than the
duration of time. "Restrict" means to
restrain within bounds and as used in
the statute means to prohibit the carrier
from making his liability to depend on
facts other than such as would fix liability
under the settled rules of the common
law. In case of contract, it is I'M
lawful where liability under the
COLLuOu law WOulu ALIdCQ WlLQ-
out it. The statute fixes the
boundary of facts surrounding
the liability and the contract cannot re-
strict it. A contract which if given effect
does not defeat the intention of the stat
ute by limiting the right to recover does
not operate as restriction even though
it may require the right of recovery to be
exercised in a reasonable time. There is
no rule Of the common law prohibiting
carriers from limiting the time for recov-
cry. This has been decided again |
and again, and the only question !
then here was the time reason !
able, and the evidence shows that it was.
The court below, although indicating that
the answer set up a good defense in |
the failure to bring the suit in |!
time, but he erred in refusing to instruct |
the jury as TO the effect of the failure 10 |
institute the suit in time. The Judgment |
is reversed andthe cause remanded